and McCall Ultra Sled Dog Challenge, LLC dba Idaho Sled Dog Challenge, its Board of Directors, agents, volunteers, members, sponsors, successors in interest and assigns. For consideration received, and in return for participation in the Idaho Sled Dog Challenge, Participant, Participant's assigns, heirs, and representatives, hereby agree as follows:
1. Participant acknowledges there are inherent risks associated with sled dog races and related activities such as described below, and hereby expressly assumes all risks associated with participation in such activities. The inherent risks include, but are not limited to property damage or loss, personal injury, or death. Participant acknowledges that sled dog racing, by its very nature, is a dangerous and unpredictable event, and subject to the weather and terrain extremes, and is a physically demanding activity as well. Participant assumes all risks in connection therewith and expressly waives any claim for injury or loss arising there from. Participant agrees to abide by and follow Idaho Sled Dog Challenge’s rules and regulations, which shall be posted and available upon request. Participant further acknowledges that the risk is contingent to some degree upon the ability of Participant and assumes all risk there from and warrants that he/she possesses the requisite skill, experience, abilities, and physical conditioning to engage in sled dog racing activity. Prior to the start of the race, Participant agrees to undertake all necessary investigation and inspection of the race course, start and finish areas, and any other areas in which Idaho Sled Dog Challenge activities will take place, in order to sufficiently familiarize Participant with all aspects of the race. Participant further agrees that his or her participation in any Idaho Sled Dog Challenge race activity does constitute an acknowledgment of such inspection and acceptance of such course and other areas as safe and reasonably suited for the purposes of Idaho Sled Dog Challenge sled dog race events and related activities. Participant agrees that, if at any time, he or she believes the areas outlined above to be unsafe or inadequate, he or she will immediately notify the proper official of such concerns and leave the area. Participant expressly releases Idaho Sled Dog Challenge from any and all
2. claims for personal injury, death, or property damage, even if caused by the negligence of Idaho Sled Dog Challenge (if allowed by the laws of this state) by Idaho Sled Dog Challenge or its representatives, agents or employees.
3. Participant agrees to hold harmless, indemnify and defend Idaho Sled Dog Challenge against, from any and all claims, demands, caused of action, damages, judgments, orders, costs or expenses, including attorneys fees, whether actually incurred or not, which may in any way arise from or be in any way connected with Participant’s participation in the events of, or presence upon the property of Idaho Sled Dog Challenge, and public and private facilities being utilized by Idaho Sled Dog Challenge for the purposes of presenting the race.
4. Participant warrants that all dogs brought to any race facility, start or finish line, remote checkpoint, or other area under the control of Idaho Sled Dog Challenge, whether said dog is participating in the racing activity or not, shall be free from infection, contagious or transmittable diseases. Participant will provide documentation indicating compliance with any and all veterinarian imposed health requirements, a list of which is available to Participant listed in the Race Rules. Idaho Sled Dog Challenge reserves the right to refuse access to or use of any dog upon the premises or in participation of the race that does not appear to be in good health, or is deemed dangerous or undesirable.
5. Participant agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.
6. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
7. The covenants, conditions, waivers, and agreements contained in this Agreement shall apply to and bind the parties and the heairs, legal representatives, successors and permitted assignees of the Parties.
8. This Agreement constitutes the entire Agreement between the parties and supersedes any prior understanding or presentation of any kind preceding the date of this Agreement. There are no other promises, conditions, understanding or other agreements, whether oral or written, relating to the subject matter of this Agreement. This Agreement may be modified in writing only, which must be signed by all Parties.
9. If Participant is under 18 years of age on the date of the event contemplated in this Agreement, this Agreement must be signed by his or her legal guardian in the presence of an Idaho Sled Dog Challenge official or shall be notarized. Failure to obtain guardian’s signature as required in this section will result in Participant’s exclusion from any of the events of Idaho Sled Dog Challenge.
